PRACTICE |
Discovery |
Examination for discovery |
Montana Band v. Canada
T-617-85
2001 FCT 1306, Hugessen J.
27/11/01
12 pp.
With respect to Samson Band, Crown objecting to 91 answers given during discovery under reserve of objection-- Federal Court Rules, 1998, r. 95(2) not creating right for questioning party to insist on having objection decided before trial--To state, in response to questions, that "department" of Band source of information in effect to state "I know because I know"--Likewise for answers attributing information or knowledge to "department": department's knowledge or information that of Band and source must be stated; Band ordered to answer such questions properly--Some questions need not be answered as questions of law--Crown objecting to 53 responses where Samson Band replied "this will be the subject matter of expert evidence"--Debate raising familiar dichotomy between questions of pure fact and questions of history which may be subject of opinion evidence--While party cannot be compelled on discovery to reveal experts' opinions, must disclose all facts and documents on which intended that experts will be asked to give their opinions --Some answers herein clearly inadequate as disclose no information whatever and simply state that answer will be subject of opinion evidence--Band ordered to state facts and sources on which its experts have been or will be asked to give their opinion--With respect to Ermineskin Band, Crown taking issue with 33 answers first provided by Band without qualification, but later stating answers given under reserve of objection--Whether or not Ermineskin can now qualify previously unqualified answers need not be decided: Crown has its answers to questions and if and when it wishes to use them at trial, parties will be at liberty to argue whether or not Band foreclosed from objecting--Crown taking issue with 27 responses which Ermineskin says seek admission or denial or allegations made by third party in its pleadings--Questions improper and Crown's motion failing in this respect--Federal Court Rules, 1998, SOR/98-106, r. 95(2).